| MATTER OF GAMALIEL DOMINGUEZ V CLARA MONTALBANO |
| Motion No: CAF 15-01062 |
| Slip Opinion No: 2015 NY Slip Op 88999(U) |
| Decided on October 23, 2015 |
| Appellate Division, Fourth Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
PRESENT: CENTRA, J.P., PERADOTTO, CARNI, WHALEN, AND DEJOSEPH, JJ.
APPELLATE DIVISION DOCKET NO. CAF 15-01062
DOCKET NO .F-08557-10/13D
| MATTER OF GAMALIEL DOMINGUEZ, PETITIONER-RESPONDENT, V CLARA
MONTALBANO, RESPONDENT-APPELLANT. |
Petitioner-respondent having moved for permission to proceed as a poor person and for assignment of counsel on the appeal taken herein from an order of the Family Court, Monroe County, entered in the Office of the Clerk of said Court on August 29, 2014,
Now, upon reading and filing the affidavit of Gamaliel Dominguez, sworn to September 14, 2015, the notice of motion with proof of service thereof, and the affirmation of Michael Steinberg, Esq., dated October 13, 2015, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is insofar as it seeks the assignment of counsel is denied on the ground that such relief is not authorized (see Family Court Act §§ 262, 1120 [a]), and
It is further ORDERED that the motion insofar as it seeks permission to proceed as a poor person is denied with leave to renew upon the submission of a new motion that includes, among other things, an affidavit that addresses the allegations contained in the affirmation of Michael Steinberg, Esq., dated October 13, 2015.
Entered: October 23, 2015
FRANCES E. CAFARELL, Clerk